Kenyan case law

GRAIN BULK HANDLERS LIMITED v J. B. MAINA & CO. LTD & 2 others [2006] KECA 126 (KLR)

✦ The court held that the decisions of KPA are not 'proceedings' under Rule 1(4) of Order LIII CP Rules and that the superior court did not err in granting leave to file the judicial review application.

Hussein Omar Farah v Lento Agencies [2006] KECA 388 (KLR)

✦ The appellant's driver was found to be solely responsible for the accident, and the appellant's suit was dismissed. The respondent's counterclaim was allowed in full, but reduced by 50% due to contributory negligence.

S W Njuguna & 3 others v Mataara Tea Factory Co. Ltd & 8 others [2006] KECA 334 (KLR)

✦ The application for extension of time is dismissed with costs.

SEVENTH DAY ADVENTIST CHURCH EAST AFRICA LTD & 2 others v MASOSA CONSTRUCTION COMPANY [2006] KECA 194 (KLR)

✦ The application to file notice of appeal and record of appeal out of time is allowed.

Simon Muchino Thiaka v Republic [2006] KECA 331 (KLR)

✦ The court finds that the charge was not defective and the appellant was properly convicted.

Simon Kariuki Muriithi v Republic [2006] KECA 59 (KLR)

✦ The appeal is dismissed in its entirety.

Shariff Abdi Hassan v Nadhif Jama Adan [2006] KECA 268 (KLR)

✦ The appeal is dismissed with costs to the respondent

Simon Mwangi Kamande v Republic [2006] KECA 230 (KLR)

✦ The appeal is dismissed as the evidence conclusively proves the appellant's involvement in the robbery.

Simon Mwangi Kirika v Republic [2006] KECA 212 (KLR)

✦ The application is allowed, and the applicant has fourteen (14) days from the date of this judgment to lodge Notice of Appeal and Memorandum of Appeal in this matter.

Francis Ndungu Warari & 2 others v Republic [2006] KECA 174 (KLR)

✦ The appellants were properly convicted of robbery with violence and attempted robbery with violence.

Surco Limited v Prabha Mahesh Gudka [2006] KECA 345 (KLR)

✦ The appeals court dismissed the appeal, finding that the transferees are not shareholders until registered in the Register of Members and that Prabha Mahesh Gudka is the sole executrix entitled to be registered in the Register of Members.

Nation Media Group Limited & 2 others v John Joseph Kamotho & 3 others [2006] KECA 203 (KLR)

✦ The application is allowed and an order is granted staying the execution of the decree pending the determination of Civil Appeal No. 284 of 2005.

Sanitam Services (E A) Ltd v Rentokil (K) Ltd & another [2006] KECA 362 (KLR)

✦ The Court held that there was no infringement of the appellant's patent as the patent was granted after the product was already in the market. The Court also held that the appellant had not established when the offending products first appeared in the market or were first manufactured.

Dismus Ouma Omusugu v Republic [2006] KECA 305 (KLR)

James Moses Moustache v Republic [2006] KECA 147 (KLR)

✦ The appeal is dismissed. The judgment of the trial court is upheld.

Sultan Hasham Lalji & 2 others v Ahmed Hasham Lalji & 4 others [2006] KECA 99 (KLR)

✦ The application is dismissed with costs to the respondents.